The "Abolition of Abortion Act" aims to redefine the legal status of unborn children in Oklahoma by amending existing laws related to homicide, duress defense, and wrongful death. The bill specifies that homicide includes the killing of an unborn child and removes previous exemptions that allowed for the death of an unborn child during legal abortions. It also emphasizes that pregnant mothers cannot be prosecuted for the death of their unborn child unless they have committed a crime that caused the death. Additionally, the act seeks to protect pregnant women from coercion to abort by repealing provisions that permit advising or encouraging abortion.
The bill introduces new legal language that asserts the equal protection of unborn persons under the law, ensuring they are afforded the same rights as born individuals. It modifies the applicability of wrongful death claims to include unborn persons and establishes that liability for wrongful death cannot be waived by the pregnant woman prior to an abortion. The act is designed to be prospective, meaning it will not apply to actions taken before its effective date, and it declares an emergency for immediate implementation upon passage.